California Court of Appeal

In case involving a memorandum of understanding to help implement the Marine Life Protection Act, order dismissing complaint for declaratory and injunctive relief and petition for writ of mandate is affirmed over claim that interpreting the statute, as conferring authority on an executive branch agency to enter a contract to obtain private funds to defray the costs of implementing the statutory scheme the Legislature failed to provide adequate public funds for, is inconsistent with the rule against delegation of legislative power implicit in the doctrine of separation of powers.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• KLINE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Morgan Lewis & Bockius LLP, Thomas M. Peterson, Benjamin P. Smith, San Francisco, Snyder, Miller & Orton LLP, James L. Miller, San Francisco, Jennifer L. Shoda, for Plaintiffs and Appellants.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Mary E. Hackenbracht, Sr. Asst. A.G., John Davidson, Supervising Deputy A.G., William Jenkins, Deputy Attorney General, for Respondents California Resources Agency and Department of Fish and Game., Kenyon Yeates LLP, Charity Kenyon, Sacramento, for Respondent Resources Legacy Fund Foundation.